Hi,
According to me, some leaves are the right of employees, e.g., CL, but some leaves are facilities provided by the employer to their employees, e.g., PL, medical leave, etc. These are also included in benefits.
From India, New Delhi
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According to me, some leaves are the right of employees, e.g., CL, but some leaves are facilities provided by the employer to their employees, e.g., PL, medical leave, etc. These are also included in benefits.
From India, New Delhi
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Hi, Casual Leaves are the benefits provided by the Organization, and are framed up as per the Organization’s policy, But Paid Leaves are like Rights of an Employee. Regards Hits Team
From India, Raurkela
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1From India, Raurkela
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Dear All,
If your establishment is required to grant earned leave, i.e., 1 day of leave for every 20 days worked in a calendar year, this Earned Leave (EL) gets credited to the employee's account in the subsequent year. EL is a matter of right.
On the other hand, other leaves such as Casual Leave (CL), Medical Leave, etc., are considered benefits.
If the employee is covered under the Employees' State Insurance Act, then Medical Leave also becomes a matter of right. However, it is essential for your establishment to be covered under the ESI Act as well.
Trust this clarifies the matter.
M.V. KANNAN
From India, Madras
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If your establishment is required to grant earned leave, i.e., 1 day of leave for every 20 days worked in a calendar year, this Earned Leave (EL) gets credited to the employee's account in the subsequent year. EL is a matter of right.
On the other hand, other leaves such as Casual Leave (CL), Medical Leave, etc., are considered benefits.
If the employee is covered under the Employees' State Insurance Act, then Medical Leave also becomes a matter of right. However, it is essential for your establishment to be covered under the ESI Act as well.
Trust this clarifies the matter.
M.V. KANNAN
From India, Madras
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There is a great difference between entitlement of leave to an employee and claim by him or grant of leave by the management.
Leave cannot be claimed as a matter of right by an employee. Any kind of leave is granted at the convenience of the management and in the interest of service of the organization. Grant of leave can be refused, curtailed, or withdrawn by the management in the interest of service. So, leave may be the entitlement of an employee, but is as a benefit to him, which can be declined at a particular time keeping the interest of service in view. Had it been a right mass scale leave by employees can turn the organization shut down at the time of some crisis or conflict between the management and workers.
"Leave" is the RIGHT or BENEFIT for employees?
From India, Delhi
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Leave cannot be claimed as a matter of right by an employee. Any kind of leave is granted at the convenience of the management and in the interest of service of the organization. Grant of leave can be refused, curtailed, or withdrawn by the management in the interest of service. So, leave may be the entitlement of an employee, but is as a benefit to him, which can be declined at a particular time keeping the interest of service in view. Had it been a right mass scale leave by employees can turn the organization shut down at the time of some crisis or conflict between the management and workers.
"Leave" is the RIGHT or BENEFIT for employees?
From India, Delhi
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Hi,
Except for Maternity Leave, all other leaves are entitlements but not a right. Organizational exigencies prevail over leave entitlement as they can be denied or curtailed. Therefore, they should be seen as a beneficial entitlement.
Jai
From India
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Except for Maternity Leave, all other leaves are entitlements but not a right. Organizational exigencies prevail over leave entitlement as they can be denied or curtailed. Therefore, they should be seen as a beneficial entitlement.
Jai
From India
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To all young HRs Please NOTE: The LEAVE is only a PRIVILEGE granted by the Company to an employee. BUT NOT A RIGHT OF EMPLOYEE Regards SARMA
From India, Hyderabad
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From India, Hyderabad
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Dear All,
As per the company's policies, leaves are a right or benefit that varies. Some places state that in government organizations, maternity leaves are more compared to private organizations. It's purely a benefit that a company provides. Similarly, men are also entitled to maternity leaves, but it's only 10 days in government organizations. When we discuss rights and benefits, employees will naturally demand leaves under both clauses.
Personally, I believe Casual Leave (CL) is a right, while maternity or any other leaves are benefits bound by organizational policies.
From India, Delhi
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As per the company's policies, leaves are a right or benefit that varies. Some places state that in government organizations, maternity leaves are more compared to private organizations. It's purely a benefit that a company provides. Similarly, men are also entitled to maternity leaves, but it's only 10 days in government organizations. When we discuss rights and benefits, employees will naturally demand leaves under both clauses.
Personally, I believe Casual Leave (CL) is a right, while maternity or any other leaves are benefits bound by organizational policies.
From India, Delhi
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Annual leave may be considered as a right as well as a privilege/benefit of an employee upon fulfillment of certain conditions. For factories, the Factories Act regulates the leave entitlement of a workman, and in other service industries/establishments, the Shops & Commercial Establishment Act regulates the same for its employees. For reference of young HR executives, the relevant portion from S&CE Act is reproduced below:
Quote
Chapter IV
14. Annual leave with Wages:-(1) Every employee who has worked for a period of 240 days or more in an establishment during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of -(1) if any adult, one day for every twelve days of work performed by him during the previous calendar year; ....
Unquote
Under the Factories Act, the eligibility varies from 1 day for every twenty days of work...
Further, it is the prerogative of any employer either to stick to the minimum entitlement or to exceed its limit. As such, it may be referred to as the minimum annual leave is a 'right' of an employee subject to the condition that he worked for the required period. However, in most organizations, leaves (Annual/Privilege Leave, Casual Leave, Medical Leave, etc.) are considered as benefits to the employees and credited to his account and are controlled/monitored through Leave Policy. Maternity leave is also a benefit of married female employees in any organization, which is regulated through the Maternity Benefit Act, 1961.
From India, Jaipur
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Quote
Chapter IV
14. Annual leave with Wages:-(1) Every employee who has worked for a period of 240 days or more in an establishment during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of -(1) if any adult, one day for every twelve days of work performed by him during the previous calendar year; ....
Unquote
Under the Factories Act, the eligibility varies from 1 day for every twenty days of work...
Further, it is the prerogative of any employer either to stick to the minimum entitlement or to exceed its limit. As such, it may be referred to as the minimum annual leave is a 'right' of an employee subject to the condition that he worked for the required period. However, in most organizations, leaves (Annual/Privilege Leave, Casual Leave, Medical Leave, etc.) are considered as benefits to the employees and credited to his account and are controlled/monitored through Leave Policy. Maternity leave is also a benefit of married female employees in any organization, which is regulated through the Maternity Benefit Act, 1961.
From India, Jaipur
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I fully concur with Mr. Dhingra. However, no management will give paid leave to an employee if there is no provision of it in the law. In the private sector, only as much leave is allowed to employees as provided under the law - no less, no more.
So, in that term, it can be said that leave is a statutory right of the employees but at the discretion of the employer.
From India, Chandigarh
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So, in that term, it can be said that leave is a statutory right of the employees but at the discretion of the employer.
From India, Chandigarh
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Hi there,
Please help me. I am a fresher in HR and I have to seek approval from the Managing Director for a new hire. Suppose someone has been selected after an interview, and to appoint them, we need the principal approval from the MD. What should I include in the draft?
Thank you,
Soma
From India, Mumbai
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Please help me. I am a fresher in HR and I have to seek approval from the Managing Director for a new hire. Suppose someone has been selected after an interview, and to appoint them, we need the principal approval from the MD. What should I include in the draft?
Thank you,
Soma
From India, Mumbai
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Dear Soma,
Please do not post your questions on a thread which has been raised for a different purpose. If you have a query, please raise it separately.
However, to answer your query:
You can mention the following in the approval note to your MD:
- Details of the prospective candidate (Name, DOB, Qualification, Experience, Family particulars, Reasons for leaving past employments, Salary drawn, etc.)
- Compare the prospective candidate with employees who are similar in age, qualification, experience, and also compare the present salary drawn by the prospective candidate with the salary recommended by you and how it matches the salary levels of your existing employees.
- What is the % CTC increase the prospective candidate is likely to get (comparison of his present salary with the recommended salary)
- Also mention an assessment made by the technical panel and an assessment from HR perspective (How long is he likely to stay in your view, etc.?). Is he willing to execute a bond? If selected, will he relocate with his family (people who do not relocate with family are unlikely to stay longer).
Trust the matter is clarified. In case of any doubt, please feel free to reach me at kannanmv@vsnl.net.
M.V. KANNAN
From India, Madras
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Please do not post your questions on a thread which has been raised for a different purpose. If you have a query, please raise it separately.
However, to answer your query:
You can mention the following in the approval note to your MD:
- Details of the prospective candidate (Name, DOB, Qualification, Experience, Family particulars, Reasons for leaving past employments, Salary drawn, etc.)
- Compare the prospective candidate with employees who are similar in age, qualification, experience, and also compare the present salary drawn by the prospective candidate with the salary recommended by you and how it matches the salary levels of your existing employees.
- What is the % CTC increase the prospective candidate is likely to get (comparison of his present salary with the recommended salary)
- Also mention an assessment made by the technical panel and an assessment from HR perspective (How long is he likely to stay in your view, etc.?). Is he willing to execute a bond? If selected, will he relocate with his family (people who do not relocate with family are unlikely to stay longer).
Trust the matter is clarified. In case of any doubt, please feel free to reach me at kannanmv@vsnl.net.
M.V. KANNAN
From India, Madras
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